subbie accident

[Andy Collins]

I do think its about time people were more accountable for their own actions, act stupid and get hurt = tough. This claim society in which we now live is doing no-one any good. I do feel for the employer in this instance, he hires someone to do a job, they clown around, and he may get the headaches involved sorting it out. As an employer, keep your paperwork in order, & your staff in order.

[skyhuck]

How can it be the employers fault the climber is in control of his own actions. its madness.

 

Yes!! that is the case YOU as the employer ARE held responsible

 

Thats why I do all my own climbing and cutting, I only use none chainsaw using groundie:icon14:

[Pete Mctree]

So even if the "employer" had no input to the accident, they could stilll be financially liable for lost earnings and compensation?

[skyhuck]

When I first became a climber,I had a bit of a fall,I was subbing to a firm,I required surgery and was of work for 2 weeks, it did not even cross my mine to claim,it was my mistake that caused my fall, so why should someone else pay?

 

Many today do not take such personal responsibility:cussing:

[skyhuck]

So even if the "employer" had no input to the accident, they could stilll be financially liable for lost earnings and compensation?

 

Yes!

[madmatt]

Its amazing also how many small business think they don't need Employers liability insaurance if they use subbies when actually they do.

 

 

I'd be getting some expert help If I was the employer in this situation too.

 

Skyhuck, I completely agree that people should take responsibility for their own actions, only last week I cut my arm in the workshop. My boss wanted it reporting to the nearmiss hotline this that and the other an investigation blah blah. I just filled the accident book in and said it was my own stupid fault end of! Some of my colleagues would have taken it all the way.

[bob]

please dont let this take this thread down the wrong road.

was he QUALIFIED to to what he was doing

was his kit loler compliant

was he experienced enough to tackle the job

just a thought

[RPA]

Attended a H&S talk just the other week and Andy/Skyhuck are spot on.

 

This bit is my interpreation of some of what I was told which may help in the future but CHECK IT FIRST.

 

In simple terms if the company H&S policy, SS risk assesment & method statement cover the use of sub contractors their competance, insurance and specific responsibilities the actions of that sub-contractor may then fall back onto them. Without all this in place I dont think you will have a leg to stand on.

 

Its a really greay area that does my head in, take specialist advice!

[Pete Mctree]

Has anyone had experience of making a successful claim against an individual or company (employer) ? If so could they explain the grounds for there action (pm if you do not want to disclose it on the public forum)

[Zenfordinner]

I take it he was not a bona fida subbie...if so then he would carry insurance. If not, then all are correct, as far as I understand such things, he is/was your employee. You definitely should seek advice from your insurers, your insurance may cover legal costs too. Worth checking your policy asap, as if you have legal cover it may be they stipulate you inform them immediately and do not act of your own accord. If you have said cover the insurers will be interested in misconduct as a defense, I would think (as one can rely on insurance companies wanting to avoid paying out where possible).

 

There is a legal service available to small businesses where you can call them and have a brief chat about any issues,although they will not be beholden to any advice they give unless you employ them. I cannot remember the link, but I found it online last year, and had a chat to a helpful solicitor. Just a thought.

 

Good luck.

 

Using subcontractors, and employees too, poses many a difficult problem in terms of where does the employer interfere in subbies or employees working methods, as the onus is generally on the employer to take responsibility for everything, it seems. Mind you, that is all part of the risks and perks.